(A) The Town Police Department is the authorized agency assigned the responsibility for removing vehicles defined as abandoned under the provisions of this chapter and I.C. 9-22-1.
(B) When an officer discovers an abandoned vehicle as defined by § 90.15, or a vehicle in the possession of a person other than the owner of the vehicle and the person cannot establish the right to possession of the vehicle, the vehicle shall be taken to and stored in a suitable place as determined by the officer.
(1) Seventy-two hours after having placed a tag on a vehicle, the officer shall require the vehicle or parts to be towed to a storage yard or towing service.
(2) If, in the opinion of the officer, the market value of the abandoned vehicle or parts is at least $1,000, the officer, before placing a notice tag on the vehicle or parts, shall make a reasonable effort to ascertain the person who owns the vehicle or parts, or who may be in control of the vehicle or parts.
(3) If the vehicle is a junk vehicle and the market value of an abandoned vehicle or parts is less than $750, the towing service shall immediately transfer the vehicle to a storage yard.
(a) A copy of the abandoned vehicle report and photographs, if applicable, relating to the abandoned vehicle shall be provided to the storage yard.
(b) A towing service or storage yard may dispose of an abandoned vehicle not less than 30 days after the date on which the towing service removed the abandoned vehicle.
(4) If a vehicle or a part tagged under division (C) below is not removed within the applicable period, the officer shall prepare a written abandoned vehicle report of the vehicle or parts, including information on the condition and missing parts, prior to having the vehicle towed. Photographs may be taken to describe the condition of the vehicle or parts.
(5) Within 72 hours after removal of a vehicle to a storage yard or towing service under this section, the Police Department shall conduct a search of national databases, including a database of vehicle identification numbers, to attempt to obtain the last state of record of the vehicle in order to attempt to ascertain the name and address of the person who owns or hold a lien on the vehicle.
(6) If a vehicle or parts are in a condition that vehicle identification numbers or other means of identification are not available to determine the person who owns or holds a lien on the vehicle, the vehicle may be disposed of without notice.
(C) Upon the determination of any vehicle to be a junked vehicle as defined herein and therefore a public nuisance, the owner of said vehicle shall be issued a citation. If the owner of said vehicle fails to abate said nuisance within seven days of the date said citation is issued, the town shall file suit to abate such nuisance and may request, but is not limited to, the following relief:
(1) On order to abate said nuisance;
(2) Reimbursement for the costs to abate said nuisance;
(3) An entry of judgment for the fines assessed by each citation issued hereunder;
(4) Court costs and costs of collection, including attorney’s fees; and
(5) All other relief allowed under the statutes of the state and the town code.
(Ord. 2021-4, passed 6-8-2021)